Defendant, who was 20 years old at the time of the offenses, was found guilty of first-degree murder, attempted murder, and home invasion and was sentenced to an aggregate of 100 years in prison. Defendant argued on appeal that his sentence violated the proportionate penalties clause because it was a de facto life sentence. The appellate court affirmed, finding that his eligibility for parole precluded his sentence from being a de facto life sentence. The supreme court also affirmed, finding that the availability of parole meant defendant was not subject to a de facto life sentence but explaining that this did not foreclose defendant from raising an as-applied challenge to his sentence under the proportionate penalties clause in a post-conviction petition. (THEIS, OVERSTREET, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)
Illinois Supreme Court
Criminal Court
Sentencing